HIGHLIGHTS

Directing Global Justice: Major Developments from the ICJ President’s 2026 Address

Introduction

On 15 May 2026, Judge Iwasawa Yuji, President of the International Court of Justice (ICJ), delivered his final address to the International Law Commission. Marking the Court's 80th anniversary, he reflected on a year of significant judicial activity and highlighted several important decisions that have shaped contemporary international law.

The ICJ currently has one of the busiest dockets in its history, dealing with 24 matters, including interstate disputes and advisory proceedings. The President's address provided an overview of the Court's recent work on climate change, territorial disputes, humanitarian obligations, and international responsibility.

1. Landmark Climate Change Advisory Opinion

One of the most important developments discussed was the ICJ's Advisory Opinion on climate change issued in July 2025.

Key Findings

• The Court recognised climate change as a serious global threat affecting present and future generations.
• It relied on scientific findings of the Intergovernmental Panel on Climate Change (IPCC) to assess states' environmental obligations.
• The Court held that states must take effective measures to help limit global warming to 1.5°C above pre-industrial levels.
• Under customary international law, countries have a duty to prevent significant environmental harm to other states and to areas beyond national jurisdiction.
• The Court linked environmental protection with human rights, stating that many human rights cannot be effectively enjoyed without a safe and stable climate.
• States that fail to comply with their environmental obligations may incur international responsibility and could be required to provide reparations or compensation.

Maritime Boundaries and Statehood

The Court also clarified that:

• Rising sea levels do not automatically alter established maritime boundaries.
• A state does not automatically lose its legal status as a sovereign country simply because climate change causes the loss of territory.

2. Advisory Opinion on UN Operations in the Occupied Palestinian Territory

In October 2025, the ICJ delivered an advisory opinion concerning the obligations of Israel as an occupying power in relation to United Nations operations and humanitarian assistance in the Occupied Palestinian Territory.

Key Findings

• The Court observed that increased control over Gaza resulted in increased legal responsibilities under the law of occupation.
• Security concerns cannot justify disregard of international humanitarian law.
• Israel has a legal obligation to facilitate access to food, water, medical care, shelter, and other essential humanitarian assistance.
• The Court emphasised that humanitarian organisations, including UN agencies, must be allowed to carry out relief operations.
• Israel cannot unilaterally determine the presence or activities of United Nations bodies operating under international mandates.
• The legal privileges and immunities of UN personnel, property, and operations continue to apply during armed conflict.

3. Gabon v. Equatorial Guinea: Settlement of a Long-Running Territorial Dispute

In May 2025, the ICJ resolved a dispute between Gabon and Equatorial Guinea concerning territorial sovereignty, maritime areas, and ownership of islands in Corisco Bay.

Key Findings

• The Court determined that the alleged "Bata Convention" was not a legally binding treaty because the conduct of the parties demonstrated a lack of intention to be legally bound.
• Examining historical evidence and colonial-era legal titles, the Court concluded that sovereignty over the disputed islands belongs to Equatorial Guinea.
• The judgment brought legal certainty to a dispute that had persisted for decades.

4. Guatemala Permitted to Intervene in Belize v. Honduras

In March 2026, the ICJ considered Guatemala's request to intervene in a case between Belize and Honduras concerning sovereignty over the Sapodilla Cayes.

Key Findings

• The Court granted Guatemala permission to intervene as a non-party participant.
• Guatemala demonstrated that its legal interests could be affected by the Court's final decision.
• The intervention allows Guatemala to present its position without becoming a full party to the proceedings.

This decision highlights the Court's willingness to protect the legal interests of states that may be affected by pending judgments.

5. Important Procedural Decisions

Ukraine v. Russian Federation

In the ongoing proceedings concerning allegations under the Genocide Convention:

• The Court held that Russia's counterclaims were legally admissible.
• Both Ukraine's claims and Russia's counterclaims arise from the same treaty and are connected to the same factual circumstances.
• As a result, the Court will consider both sides' allegations during the merits phase of the case.

Equatorial Guinea v. France

The Court also considered a request by Equatorial Guinea for provisional measures concerning a property in Paris that had been seized by French authorities.

• Equatorial Guinea sought to prevent France from disposing of the property while the dispute remained pending.
• The Court rejected the request, finding that Equatorial Guinea had not demonstrated a sufficiently plausible legal right requiring urgent protection.

Significance of the President's Address

The President's remarks demonstrate the growing importance of the ICJ in addressing modern global challenges. The Court is increasingly called upon to resolve disputes involving:

• Climate change;
• Human rights;
• Armed conflicts;
• Territorial sovereignty;
• Humanitarian assistance; and
• International responsibility.

The decisions highlighted in the address show how international law continues to evolve in response to changing global realities.

Conclusion

As the International Court of Justice enters its 80th year, it remains the principal judicial institution for the peaceful settlement of international disputes. The cases discussed by President Iwasawa reflect the Court's central role in interpreting international law and providing legal solutions to some of the world's most complex challenges.

From climate change and humanitarian crises to territorial disputes and treaty interpretation, the ICJ continues to strengthen the international rule of law through impartial judicial decision-making.